State authorities to take over probe of fatal shooting by Oxnard police

State authorities said Wednesday evening they would investigate the April 28 fatal shooting by an Oxnard police officer.

California Attorney General Rob Bonta's office said in a release the state Department of Justice will look into the incident under provisions of Assembly Bill 1506. The law requires the department to investigate all fatal shootings of unarmed California civilians by law enforcement officers.

The shooting — the Oxnard Police Department's third fatal use of force this year — wasn't initially believed to meet AB 1506 criteria, Bonta's office said. But closer analysis of body-worn camera and security video showed the law does apply.

Oxnard police released video of the incident last week. It shows Officer Manuel Garcia responding to a two-story apartment building at 235 E. Seventh St. Firefighters at the scene had sought help with an "uncooperative subject" who had reportedly been getting aggressive and had been cutting himself on his left wrist with a knife.

The subject, 24-year-old Michael Owens, had reportedly barricaded himself in a communal bathroom on the upper level, the police officer was told as he arrived.

During the encounter, Owens can be seen in the video exiting the bathroom with a knife and approaching Garcia. As Owens appeared to ignore Garcia's commands, the officer fired his handgun. Owens can be seen falling, then getting up after initially getting shot, leaving the knife on the ground.

After getting to his feet, Owens can be seen attempting to grab the officer's gun as he shouts: "Give me the gun! You little b---!". Garcia again shot Owens during the ensuing physical struggle, during which the knife was on the ground nearby, the department's video shows.

The Oxnard department issued its own release Wednesday evening minutes after Bonta's announcement.

The local department had been notified by state officials Monday that the state DOJ would "assume control" of the police investigation, Oxnard's release said.

The law defines an unarmed civilian as "anyone who is not in possession of a deadly weapon," Oxnard officials said.

Oxnard police Chief Jason Benites said in a statement his department promptly notified the state DOJ after each of the recent officer-involved shootings, including the April 28 incident, "which concerned an officer shooting a man that was armed with a knife."

Benites said after state authorities reviewed the video, they advised the department they would assume control of the probe.

"In our continued pursuit of transparency, we welcome this," Benites said. "Our department will work with DOJ to ensure they have all the information and materials they need to conduct a thorough and independent review of this incident."

The process helps maintain the public's trust, Benites said, "which we value."

Bonta's office said the completed investigation will be turned over to the DOJ's special prosecutions section in the criminal law division for independent review. More information on AB 1506, as well as a list of cases currently under review, is available at the attorney general's website at oag.ca.gov/ois-incidents.

Two other fatal shootings by Oxnard police preceded the April 28 incident. The state is only reviewing the April 28 encounter.

On March 12, an Oxnard officer shot and killed Adam Barcenas, 60, as he advanced toward police with a large metal pole during an unrelated DUI investigation in the downtown area.

On April 7, police fatally shot 18-year-old Christian Baltazar Torrez as he approached officers while holding a knife near Oxnard College.

DA review also supplanted

Any fatal use of force by a local law enforcement agency routinely launches several investigations, including a review by the Ventura County District Attorney's Office to determine whether an officer's actions were legally justified.

Since state authorities have taken over the investigation under AB 1506, the legal review of the April 28 shooting will also fall to the attorney general's office rather than local prosecutors, said Joey Buttitta, spokesman for the county DA's office.

Oxnard police Cmdr. Alex Arnett said Thursday that even though the state will investigate the shooting, the department can still carry out its own internal administrative review and discussion of any potential "learning points" that arise after a critical incident.

The department is aware some community groups have expressed concern after the recent string of fatal shootings by officers, he said, adding that the chief has recently met with some groups. In addition, the matter is likely headed to a future City Council meeting for public discussion.

Arnett confirmed that at least one and possibly two rounds fired by Garcia went through the apartment wall and entered an occupied room on the second floor. The person inside wasn't hurt, Arnett said, adding he was "tremendously grateful" no one else was injured.

Officials with the attorney general's press office hadn't responded to questions as of 5 p.m. Thursday.

The two-story apartments where the April 28 incident took place are part of the Ventura County Rescue Mission campus, an official with the nonprofit said Thursday. The building is used as housing for the mission's transitional living program participants.

The official said for privacy reasons, the Rescue Mission doesn't disclose if or when an individual has been a participant in its programs.

Owens had initially called 911 on April 28 and asked for help from a paramedic, telling dispatchers he was located at the Rescue Mission, according to audio released by Oxnard police along with video of the subsequent encounter.

Arnett has previously said Owens wasn't a tenant at the apartment building that night but may have known about the communal bathroom.

This story may be updated.

This article originally appeared on Ventura County Star: California Justice Department to probe fatal shooting by Oxnard police